Law gives criminals a second chance

Some convicts could get their records wiped clean because of a North Carolina law that went into effect Dec. 1.

The new law allows people convicted of misdemeanors and low-level felonies to get their criminal records expunged.

The law is the first of its kind in the state.

As long as their crime was minor and their conviction was at least 15 years ago, they will get a chance to start over with a clean slate.

To start the process, a person can hire an attorney or go to the courthouse and fill out paperwork. The documents are then reviewed by a judge.

The convictions covered in the new law cannot have been for violent offenses.

“This new law is a measured but historic response to the heavy burden of collateral consequences weighing down the 1.6 million North Carolinians with criminal records – consequences that often follow individuals throughout their personal and professional lives, and can have a more devastating effect than their actual criminal punishments,” said Daniel Bowes, a staff attorney with the N.C. Justice Center’s Collateral Consequences Initiative.

Criminals should be punished for their offenses, but one err in judgment shouldn’t prevent people from getting jobs or moving past a one-time mistake, said Gaston County District Attorney Locke Bell.

“I think there are times when people do something really stupid when they’re young and never get into anymore trouble,” said Bell. “They ought to have the right to prove they’ve grown up.”

Defense attorney David Phillips said he’s already been contacted by nearly a dozen people interested in filing to have their records expunged.

Phillips said he supports the legislation, but he’s being selective about the cases he takes because the process is so new.

North Carolina is among a handful of states providing opportunities for expunction to people with nonviolent misdemeanor and felony convictions. Laws in these states typically require a waiting period of between five and 10 years before an expunction is granted.

“The law will benefit those who have long demonstrated a sincere dedication to contributing to society through their upstanding behavior, but are still being denied opportunities to reintegrate with and contribute to their communities,” according to the N.C. Justice Center, part of the Second Chance Alliance,

It’s a law whose time has come, even to a tough prosecutor like Bell.

“So many employers won’t talk to a person if they have a criminal record,” he said. “Young and dumb acts can last a lifetime.”